20 JANUARY 1838, Page 9

SC6TLAND.

The High Court of Justiciary was occupied from 'Wednesday the 3d to Thursday the I I th instant, with the trial of the five Glasgow cotton-spinners. The Judges on the beach were the Lord Chief Justice Clerk, Boyle, Lords 114Ketizie, Monerleff, and Cockburn. The counsel for the Crown were the Lord Advocate, the Solicitor. General, Mr. J. Shaw Stewart, and Mr. Robert Handyside ; for the prisoners, Mr. Patrick Robertson, Mr. Duncan hl‘Neill, Mr. James Anderson, Mr. Alexander M'Neill, and Mr. H. G. Bell.

The prisoner Thoinae Hunter was President or Chairman of the Association, or Committee, or Court of Director; of the Glasgow Operative Cotton.spinners; Peter Hacket, Treasurer and Member of Committee, or Court of Directors, and of Supply Committee ; Richard M'Neill, Secretary, and ditto ; James Gihb, Assistant Secretary, and ditto ; William APLeare Member of the Guard Committte, and bad acted as a Guard.

This indictment charged the prisoners with twelve offences. 1st,

With framing an association with other parties, cotton-spinners of Glasgow, for the purpose of intimidating and molesting spinners who did not conform to the rules of the Association, but writhed for lower wages than the Association fixed. ed, Wish mobbing t nd molesting spinners at work at the Oakbrook factory, on the 8th and 9th of May 1837. 3d, Witb the like offences at the Mile-end cotton-factory. 4th, With conspiring to set fire, on the 234 of May, to the factory of Messrs. Hussey and Son, Dale Street, Bridgeton, WA offering 20/. to any person' who would attempt that crime. .5th, With appointing secret committee, by ballot, on the 14th June, for the purpose of set- ting tire to cotter]. mills, sending threatening letters to ploprietors of cotton-mills, invading the dwellings of, committing assaults upon, and shouting at or murdering cotton-spinners. 6th, With especially offer- ing a reward of 101. for an assault on workmen at the Adelphi cotton- mills. 7th, With sending a threatening letter, dated 30th June, to Alexander Arthur. 8th, With sending smother letter of like import, on the 3d of July. 9th, With sending a similar letter to John Bryson. 10th, With breaking open the dwelling of Thomas Donaghey, and forting him to promise not to work at the mills. I Ith, With setting fire to the house of James Wood and Francis Wood, cotton-spinners of Bridgeton. 13th, With hiring the prisoner APLean to murder John Smith, tin operative cotton-spinner, for a reward of ea

We proceed to state the more important parts of the evidence. Mr. George Salmons, Procurator- Fiscal, deposed to having arrested the prisoners at Smith's Tavern, Black Boy Close, Glasgow. He found a Bible and some papers on the premises; and 19/. in Hacket's pocket, said to belong to the Association.

James Moat, a cotton-spinner, was next called ; the Court, at the

instance of the Lord Advocate, having promised him full protection. The Lord Advocate said, this assurance was necessary, as, owing to the intimidation exercised by the combined cotton-spinners, he bad had the greatest difficulty in procuring evidence. The counsel for the pri- soners objected to Moat's evidence being received ; on the ground that he was unduly biassed by the reward of 5001. offered by the Sheriff of Lanarkshire, and 100/. offered by Lord John Russell for the discovery of the murderer of Smith. The Court overruled the objection, and Moat was examined. He stated, that be had been a member of the Association of Glasgow Operative Cotton-spinners for more than twenty yenta. About two years ago he was " initiated,"—that is, sworn to conceal the proceedings of the Association, and to obey its rules. The same oath, lie believed, is still administered, but he had not seen any other persons sworn since 1830. He was a member of the Supply Committee during the last strike- " In ordinary circumstance., and where there is no strike, there is only one committee,—namsly, the Finance, fur general purposes; but when particular circumstances arise, special committees are appointed. A general strike took place at the end of the year NW, at which tuns a Supply Committee was ap- pointed. There was a Secret Committee in existence in 11424. The Secret Committee was appointed out of the District Committees. There were three districts in which the various works are situated ; four men were sent from each district ; and out of the twelve sent from the three districts, three men were chosen as a Secret Committee. They were nominated by the President or Director of the whole Committee. The names of the Secret Committee wens sot revealed to the trade generally. He never saw a Secret Committee appointed afterwards, but heard a new method of election ptoposed in 1837 ; lie heard it proposed on the last night he was with the Supply Committee. The mode proposed was, that the delegates representing each work should bring in a name of an individual belonging to his work with him; and these named being all put into a hat, three names should be drawn out, and then those whose IlaIllell were so drawn should be appointed Secret Gemnittee-men."

In 18e2 or 1823, one Carroll was boned with vitriol ; and the men who committed the offence received " aliment " or pay, rust pro- fessedly for injuring Carroll, but for " God's sake." In 1837, a Guard Committee was appointed, to threaten and injure men who worked at mills where the regular workmen had struck. Of the managing Com- mittee, liacket was the most active; but hi'Neill and Gibb were useful members. Hunter was generally the President- " A Secret Committee was appointed after she Guard Committee, and about six or seven weeks after the strike in April lase A pubes meeting of opera- tives was held in Glasgow Green in June last-. it was on that night that the Scores Committee was appointed. The purpose of the meeting on the Green, according to the placard calling it, was to procure " immediate sod permanent relief" to the operatives generally. Witness was present at the meeting in the evening: it was a ewes* of select delegates; and it took place in William Smith's, in the Mask Boy Close, in the Ciallowgate. Thu. might be about forty delegates present. That meeting was called by the Committee. Dele- gates were called from every shop. It was at that meeting the Secret Com- mittee was appointed. The prisoner James Gibb was in the chair. The pro- posal of the Secret Committee was introduced by the prisoner Thomas Hunter ; but witness understood Huoter's object to be to get a more efficient mode of gaining the object of the Association. Hunter did not speak out openly what that mode was which he wanted ; nor did he state pointedly what the object was he had in view, though it was generally understood by those who bad been any time members. Hunter did not even mention the word Secret Corn. niittee; it was John Davis who moved for a Secret Committee. The mo- tion was carried nearly unanimously. A man of the name of M'Gowan ob- jected to it, and said lie considered it disgraceful. Witness himself also op- posed it, on the ground that it would raise fresh suspicions against the men in the minds of the masters, and make them more determined in opposing the men than ever. From witness's intimate knowledge of the affairs of the Asso. eiation, and what he had rd in the meetings, he would say that the chief de-

sign of the Secret Coin o destroy life and property."

The witness was shown a book, in which was an entry of a payment of 191. for expenses with " nobs," or men who worked at mills in de- fiance of the Association : he bad no doubt that the money had been laid out in " reasoning " or drinking with nobs, or in payments to per- sons for maletreating them. Moat was rigidly cross-examined; but his testimony was not shaken.

The next witness, James Murdoch, gave very important evidence. Having stated that he had joined the Association in 1816, be proceeded as follows-

" An oath was put to me on joining the Association, one branch of which was secrecy, the other to abide by the majority in every thing regarding the trade. A Bible was made use of in administering the oath; it was put under the right oxter (arm-pit) ; the word was Ashdod,' which occurs in the 20th chapter of Isaiah, let verse. I forget the signs. The use of them was to be known to the brotherhood of the Association. There was a change in the word in 1822, which then began Armageddon,' Revelations, 16th chapter, 16th verse; but both were administered at the same time. The oath was also changed, and was a great deal to the worse. Nobs are workmen who take work during a strike at the reduced rates. There are different kinds of nobs. Those revealing the names of the Secret Committee are the greatest nobs; and speaking to any one revealing the Secret Committee is nobbing also. It is nine or ten years since I was present at the administration of an oath. That oath contained something that I do not recollect in respect of masters that was not in any of the other oaths. The Secret Committee acted for themselves alone ; they could not be controlled by the body. It consisted of three, and it was not to be known to the trade who they were. It had the power of the whole money belonging to the Association. It was expected that the Secret Com- mittee would put the women out of Broomward factory ; and the first attempt that was made to do this was to set fire to it. 1 knew this from it appearing in the public papers, and in the schedule.money paid for it by the Association. The entry in the schedule for it was' Colliery ; ' which meant the motley paid for the attempt to burn the factory. It was a word used for some years for purposes of that sort. Under this Secret Committee, two men were sent to America at the expense of the trade, that I considered had committed an act of violence. This act of violence was entering a woman's house, a widow of the name of Macpherson, who was murdered, instead of her daughter, who had been working in that factory. I knew the perpetrators of the deed." A spinner named AV Quarry was shot at and wounded in 1820— " Payments were made on that account to Andrew Darrock, Owen Cal- laghan, and Campbell. One of them has since been transported for shooting at Mr. Orr, in Paisley. Campbell told me that he gut 151. for this act. It was entered under the head of Colliery.' I was an eye-witness to the shooting at M'Quarry. Campbell shot him in the Green at Glasgow, in the afternoon in the summer season, in clear sunshine. M'Quarry recovered of this wound. I did not give information, because I was afraid of similar consequences. remember Graham being shot ; after which a Secret Committee was appointed to act openly, to prevent similar occurrences; and the persou who shot him was publicly tried, horsewhipped, and transported for life. A payment of 201. was claimed by Daniel Orr for this deed, in regard to which references were made to five individuals, of which I was one ; the claim wai to the effect, that he was hired in a house at Burrowtield-toll to shoot at Graham, and his demand for so doing was 201. from the Association. He produced Thomas Paterson, a cotton-spinner, to prove that he was the man who was hired to do this. We were satisfied with the evidence, and awarded him the sum. The expenses of Kean's trial for shooting at Graham were paid by the Association."

Murdoch then detailed several instances of men and women who bad been injured in various ways for being " nobs ; " the Association paying the person who muletreated them.

Henry Cowan deposed to the facts of combustibles being thrown into Hussey's mill ; of rioting at Oukbank and Silverburn mills ; and

the breaking open of Donaghey's dwelling. The perpetrators of this last offence received 3/. from the Association. The witness went to gaol fOr security on the 19th of December ; a large stone having been thrown into his house about three o'clock in the morning, which fright. ened him. Before the strike, he could earn from 11. to 21. a week ; some could earn more than 21. He now got only a guinea for the same work which used to bring him 11 4s. Mr. Alison, Sheriff of Lanarkshire, gave an account of the outrages at the Oakbank and Mile-end factories ; and described the alarming state of Glasgow and the neighbourhood, owing to the crimes of the combinators, during the last summer.

" In the beginning of May, I heard of large assemblages of men in different places, and that they were assembling in great numbers at Oakbank factory. I sent to the Superintendent of Police to send a large body as soon as possible to that place. There were tumultuous assemblages for some days before I saw them. On the 8th of May, when I first saw them, there were about 500 or 600 to 800 people on the road leading to Oakbank ; the whole road, for some miles, was covered with people. In consequence of what I saw, 1 considered it necessary to have military assistance. I called on all the Magistrates of Glasgow and the suburbs, and we issued a proclamation calling on the people to be quiet. I saw blood on ten or twelve of the twenty or thirty new hands that had been taken into Oakbank. The Magistrates agreed in the necessity of call- ing out the military ; and I went to the commander of the garrison, and agreed that a squadron of the Lancers should go to Oakbank, and that they abroad be met there by the Lord Provost. I saw a guard oa thr Sheriff-Clerk's office, of the struck workers, and also a similar guard on the commander of the garrison's house. I met the Lord Provost at three o'clock, and went with him to Oak- bank, where the Lancers had gone; but we found that the assembly had been countermanded, and after this no riotous persons assembled at Oakbank. About a week after this, the mobs began to assemble at Mile-end, which is out of the county. I gave instructions to endeavour to get hold of some of the rioters at Mile-end ; and a man was got and tried before the Sheriff, and sentenced to three months' imprisonment. There was a man named Kiddie tried for rioting, who was defended by the agent for the Association, Mr. Gemmel). Kiddie was, however, convicted on clear evidence; and I was just going to sentence him to three months in Bridewell, when Mr. Gemmell stated that if the prow cuter would not move for sentence, he thought he could persuade the spinners to give up their proceedings altogether. I agreed to this, and adjourned the proceedings for a week ; at the end of which, Kiddie was again brought up; and Gemmell stated that the Association had agreed to stop the rioters pro. ceedings altogether if I would net pronounce sentence. There were some other prisoners at the time; and I told them all, that if they behaved quietly all pro- ceedings would be dropped against them. I left Glasgow on the let of June, and returned on the 14th. After may return, till the Committee was arrested, on the 29th of July, the complaints of violence were almost perpetual : they were of isolated acts, and generally of fire.raising. I think it would have been impossible to give protection to the public at that time without at least 100 mounted patrol, besides all the ordinary force of police. I was perfectly beset with the numerous complaints of assaults on individuals and attempts at fire. raising, and craving protection. I first heard of a murderous assault on Smith on the 23d of July, and I saw the reward offered by the masters. I did not hear it officially till the Sunday ; when I wrote to the Home Secretary, and got authority to offer the reward that was advertised. Smith died on the Tuesday following, in the Royal Infirmary. Some days elapsed till an investi- gation was begun. On the 28th, I got information front Mr. Salmond, the Fiscal, that certain individuals were willing to give information if they were protected from danger. I met the persons in an obscure place in Glasgow, and took their depositions. They would not come to my office. I got information that another individual named was to be murdered the next day, Saturday, and that the Committee would meet on that day. I got a body of twenty policemen, with Captain Millar at their head, and went to their place of meeting, the Black Boy Tavern, exactly at ten o'clock at ni,,ht on the 29th of July ; and fortunately succeeded in arresting them all at once—fifteen of them ; and three others were arrested afterwards, in the room where the Guard Committee met. We took possession of all the papers we found in that room, and others that were found in another room in an iron safe. All the prisoners except 111'Lean were arrested at this time. From that day to this, there have been no acts of violence committed which I could trace to combination. There was a public meeting on the Green on the Monday, to consider what was to be done in consequence of the arrest; the strike terminated within five days, and the mills are working as usual."

The foregoing evidence was corroborated by several witnesses, whose statements it is unnecessary to give. The evidence of the mur- der of Smith was next gone into, with the view to convict M'Lean. The principal witness was Robert Christie, who kept a public-house in Hospital Street, Hutchison Street, which M'Lean was in the habit of frequenting. Christie detailed the substance of several conversa- tions he bad with M'Lean before and after Smith's murder ; which, if the witness spoke the truth, would leave no doubt that M'Lean shot Smith in the back, on the night of the 22d of July. But M'Leun was drunk while making these revelations ; and Christie, a man of indifferent character himself, might have been influenced by the high reward offered. There were, however, several circumstances which strongly confirmed the suspicion that Akean was the murderer. The personal description of the man who was seen to shoot Smith, answered exactly to M'Lean's. M'Lean made an attempt to get off to America, and absconded the same week that Smith was murdered. He was apprehended at his father's house in Stirlingsbire, sober gave a false name to the policeman. He shook dreadfully whilst hhet was ironed, but said nothing. It was another suspicious circumstance, that the Secret Committee got up a certificate to prove an alibi in favour of M'Lean ; which part of the case broke down, as some of the witnesses, who had testified to being in M'Lean's company in a public-house at the time the murder was committed, contradicted themselves. All the direct evidence against M'Lean was his own confession, when drunk, to Christie and another person, that he had " done the trick," and taken " damned good care that nobody should see him," showing a pistol, in his pocket, at the same time.

For the general defence many witnesses were examited. They de. nied that it was the practice of the Association to administer any oaths to members, or that money was paid for illegal purposes. The object of the Association was to secure the workpeople against the attempts of masters to lower the rate of wages, and to support men and their families out of work. When asked what was meant by payments to " Number 60," one of the witnesses said that " Number GO" merely represented spinners out of work. Several of the witnesses injured the defence by pretending at first they had never heard of out- rages which were perfectly notorious, and then, under cross-examina- tion, admitting that they were cognizant of them. The prisoners themselves admitted that they held the offices attributed to them. After a very ingenious and powerful speech for the defence by Mr, Patrick Robertson, the Lord Justice Clerk charged the Jury. He read the entire evidence, and then proceeded as follows-

" Having brought the whole of this evidence under your consideration, I ant bound to state to you, that before you can convict Allem of the murder, you must be satisfied the evidence is such as to leave no doubt on your minds that you are perfectly certain he was the person who did commit that crime. There must be no come eture, no suspicion, no guess-work. However strong your suspicions may he, you cannot rest your verdict on suspicion. It is may sacred duty to tell you, that if the slightest doubt remain on your minds, the prisoner, 111'Lean, is entitled to the benefit of that doubt. I must tell you, that it al). pears to me that this part of the ease is involved in great doubt ; but baying stated that to you, I have no wish to encroach on your province—you are the judges, and on you rests the responsibility of your verdict."

Having disposed of the charge of murder against 1d Lean, he ad- dressed the Jury on the charges made against the prisoners generally-

" Whether the public prosecutor has made out that part of his case u to the conspiracy, it is for you to judge. After an association existing for so long a series of years, they came to the resolution in the month of April last to have a general strike; and in order to effect that object, they did, as stated in the in- dictment, conspire to accomplish their object, by resorting to the means of inti- midation, of assault, of cooperation with persons to commit violence, and of securing legal advice and assistance for those who had been charged with com- uniting acts of violence. They wrote, or procured persons to write, threatening letters to masters and managers .f mills, and attempted to set fire to the pre- mises of masters. All these are charged is the indictment; and you are to judge from the evidence that has been brought before you whether they are guilty of these heavy crimes. With the exception of APLean, they were all office.bearers in the society, or of some body belonging to the society ; and be- cause it is proved to you that this character belonged to them alone in regard to their being at the head of the amalgamating Committees of Finance and Supply, can you doubt of their Leing the moving power in this dangerous conspiracy ? They had the whole of the transactions of the Association under their control ; they held all the offices, and they were in the performance of the duties of them. Look at the whole of this evidence calmly, dispassionately, and deli- berately; and judge whether there is not proof on evidence on which you can safely rely, that there was an appointment of a Committee which was of that secret and select nature that had the control of the whole business of the society. There is no doubt as to its appointment, although there is contradictory evi- dence in regard to it. You are to judge of the weight of the testimony on both sides, and you are quite able to distinguish to which class of witnesses you can give the greatest credit. You will keep in view also the declarations of the prisoners, and their refusing to answer certain questions ; and you will keep in new the declaration of M`Lean that a Select Committee had been appointed; and this is evidence from one of those charged with the conspiracy ; and you have the evidence of Moat that he was present when it was appointed. There are crowds of witnesses who proved that they acted as members of the united Committees of Finance and Supply. But, gentlemen, judge for yourselves. I trust in God that when the verdict which you are to give is satisfactory to your own minds, it will be equally satisfactory to the country."

After deliberating for five hours, the Jury returned with a verdict finding, by a majority, all the prisoners guilty of the first, second, third, and tenth charges; and unanimously finding the other charges " not proven."